The International Building Code, 2000 edition, copies of which are on file in the office of the City Clerk of the City of Marion, Kansas, being marked and designated as International Building Code, including Appendix, Chapters C, F, and G, as published by the International Code Council be and is hereby adopted as the Building Code of the City of Marion, Kansas; for the control of building and structures and herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said Building Code are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 4-103.

(Ord. 1339; Code 2014; Ord. 1443)

No permit shall be granted nor certificate of inspection or certificate of occupancy issued until such person, firm or corporation shall have first obtained a license from the City Council of the City of Marion, Kansas, allowing him or them to do such work within the City of Marion, Kansas, The license applicant shall also pay an annual license fee in the sum set forth in the City's fee ordinance, The Council may refuse such license if not satisfied with the applicant's experience and qualifications.

(Ord. 1339; Code 2014; Ord. 1443)

The following sections of the International Building Code are hereby revised:

(a)   Subsection R 112.1 is revised as follows:

       General, Decisions or determinations made by the Building Officials relative to the application and interpretation of this Code may be appealed to the City Council, The application for appeal shall be based on a claim that the true intent of this Code or the rules adopted thereunder have been incorrectly interpreted, the provision of this Code do not fully apply, or an equally good or better form of construction is proposed, The Council shall have no authority to waive requirements of this Code,

(b)   Section R 112.2 is eliminated.

(c)   Section R 112.3 is eliminated.

(d)   Section R 113.3 is changed as follows:

       Prosecution of Violation. If the notice of violation is not complied with properly, the building official is authorized to institute appropriate proceedings in appropriate courts to restrain, correct, or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure that is in violation of the provisions of this Code or of the order or direction made pursuant thereto,

(e)   Section R 113.4 is changed as follows:

       Violation Penalties, Any person who violates a provision of this Code, or fails to comply with any of the requirements thereof, or who erects, constructs, alters, or repairs a building or structure in violation of the approve construction documents or directive of the building official, or of a permit or certificate issued under the provision of this Code, shall be deemed guilty of a misdemeanor and upon conviction shall be subject to a fine of not less than $10.00 nor more than $500.00, together with the costs of such prosecution. Each day during which violation continues, shall be a separate offense.

(f)   Section E 3406.1 is eliminated.

(Ord. 1339; Code 2014; Ord. 1443)

Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.

Annual permit. In lieu of an individual permit for each alteration to an already approved electrical, gas, mechanical or plumbing installation, the building official is authorized to issue an annual permit upon application therefor to any person, firm or corporation regularly employing one or more qualified trade persons in the building, structure or on the premises owned or operated by the applicant for the permit.

(Ord. 1443)

Nothing in this article or in the International Building Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this article.

(Ord. 1339; Code 2014; Ord. 1443)